Richard Franchek

Richard Franchek is involved in a wide variety of environmental regulatory matters that include issues associated with:

• Air emissions
• Wastewater discharges
• Storm water runoff
• Wetlands
• NEPA compliance
• Solid/hazardous waste
• Water rights

Due to his background in resource management with the Natural Resource Conservation Service, Richard is able to incorporate practical experience in addressing the client's regulatory needs.

Richard has extensive experience in regulatory compliance both on a federal and state level; environmental due diligence reviews for mergers and acquisitions; the acquisition, transfer, and modification of all types of permits, including air, wastewater, storm water, hazardous waste, and water rights; property development; wetlands mitigation and agency coordination; and NEPA compliance for transportation projects, cell tower sites, and greenfield projects; and cultural resource assessments, biological reviews, and protected species.

He has overseen and coordinated the development of structured air, water and waste permit applications for manufacturing, industrial and waste disposal facilities; facilitated compliance auditing; and prepared facility compliance programs. Richard's experience extends not only to identifying environmental risk but directing and coordinating the cleanup of contaminated properties in many different jurisdictions across the United States.

Richard’s representative experience includes:

• Wetlands and Other Waters of the U.S. – Richard has extensive experience in counseling clients and acquiring permits for projects impacting “waters of the U.S.” This experience includes projects located in multiple states, including Texas, Massachusetts, California and Louisiana. He has also represented clients creating mitigation banks that have been approved by the Corps of Engineers
• Air – Richard has overseen and managed permit applications for air authorizations in both attainment and non-attainment areas throughout the United States. These air authorizations have included individual permits, Title V permits, construction permits, standard permits, de minimis permits and permits-by-rule. He has also evaluated major facilities for compliance with air regulations on both the state and federal level
• Water Rights – Richard’s experience with water rights involves securing water from both surface and ground water sources. This experience includes acquiring, transferring and modifying water rights permits; acquiring rights to groundwater for future development; and identifying the permitting needs for a major desalination plant
• Environmental Due Diligence – Richard has directed environmental due diligence reviews for major acquisitions across the United States. This experience includes air, water, wastewater and waste regulatory reviews, and the negotiation and preparation of environmental components to stock purchase and asset purchase agreements. Examples of industries represented include electric generating facilities, solid waste facilities, oil and gas facilities, pipelines and industrial facilities
• Environmental Cleanups – Richard has represented many corporations and individuals before regulatory agencies in the cleanup of contaminants released into the environment. He has extensive experience in voluntary cleanup programs in many different jurisdictions
• NEPA Compliance – Richard’s regulatory experience includes compliance with all of the requirements of NEPA and the obtaining of necessary permits for major transportation projects across Texas. His experience includes the early identification and resolution of issues relating to permitting requirements; compliance with the transportation conformity requirements of the Clean Air Act; analysis of indirect and cumulative impacts; alternative roadway alignments; floodplain issues; developing procedures for the handling of contaminated soil; preparing a safety lighting policy; and reviewing the section 4(f) analysis. He also provides guidance on the public hearing presentations